Photo by Max Burkhalter
After months percolating in the court system, the Lone Star State's gay marriage ban is finally getting reviewed by the U.S. Fifth Circuit Court of Appeals this week. And the crazy part is, we actually aren't fairly certain of how they're going to rule based on the selected judges.
Last year, U.S. District Judge Orlando Garcia ruled in De Leon v. Perry -- a suit brought by a lesbian couple who married in Massachusetts and then found they couldn't have both of their names on their first child's birth certificate in Texas -- that the state's gay marriage ban was unconstitutional as it violates our rights under the equal protection clause of the Constitution.
Garcia promptly stayed his ruling striking down the ban until the U.S. Fifth Circuit Court of Appeals could make a decision on the issue. In keeping with everyone's expectations, state officials, including Gov. Rick Perry and Attorney Gen. Greg Abbott, promptly raged against the ruling and filed an appeal with the Fifth Circuit. Because that's what they always do. And now, the time has finally come.
This Friday the a panel of Fifth Circuit judges are scheduled to hear oral arguments on the case. The panel includes Judge James Graves Jr., a President Barack Obama appointee, and Judges Jerry E. Smith and Patrick Higgenbotham, both appointed by President Ronald Reagan.More »